Seanad debates

Tuesday, 15 April 2014

Merchant Shipping (Registration of Ships) Bill 2013: Second Stage

 

5:15 pm

Photo of Maurice CumminsMaurice Cummins (Fine Gael) | Oireachtas source

I welcome the Minister to the House. The Bill forms part of a series of initiatives undertaken by the Minister in the maritime transport area. The Minister's priority is to ensure safety at sea, which is vital for all those who venture onto the water. The new registration Bill is part of the work of the Minister and the Department in this area. The Bill before us updates legislation we have had for quite some time. The significant component of the Bill deals with the system of registration of ships in Ireland, and updates, restates and clarifies the law on the registration of ships. Currently, there are several registers and registrars of ships and this Bill replaces the system with one centralised register of ships. The Bill has a number of measures to address the significant gaps that exist in current legislation. There was no specific power to remove unsafe and unsuitable ships from the Irish register, which was regrettable, and no provision to allow for the registration or the renewal of registration for specific periods and purposes. The penal levels were outdated.

Prior to this Bill, the only one who could owner a ship in the Irish ship register was an Irish national or a body corporate incorporated under the laws of Ireland. Now, any national of the EU member states or a body corporate of EU member states can own or own a share in a ship registered in Ireland.

Section 9 of the register replaces the current register books under section 24 of the Mercantile Marine Act 1955 with a new register of Irish ships. Upon enacting of the Bill, the register books will close and any entries will be transferred to the register. Any existing registered ships will be deemed to be registered for a further five years. All ships operating domestically in Ireland, unless exempted, are required to register. That is to be welcomed. A ship is identified as including every description of a vessel using navigation not propelled exclusively by oars and includes personal water craft and small fast-powered watercraft, including jet skis. These have been mentioned by a number of Senators and the legislation will be welcomed by many people involved in ports. As a former chairman of Waterford Harbour Board and a board member, I remember many senior members of port staff using colourful language to describe small craft and jet skis that were interfering with the use of the port by commercial vessels. They will welcome the legislation.

An application for registration must be made to the Minister, not to the register. Under section 12 of the Bill there may be standards that a ship must meet in order to qualify for registration, including information on its inspection history; its type, age and size; the recognised organisation involved in certification; company performance and operators; the current flag state and the trading system.

Alongside full registration, the Bill provides for temporary and visitor status which is primarily related to ships coming from outside Ireland. Where registration is refused, there is an appeals process to the District Court. The Minister's decision is not final in this regard. Registration is for five years initially and if there is compliance by users, subsequent renewal periods will run to ten years.

A regulatory impact analysis was carried out by the Department in 2012 and it was found that the existing ship registration regime was functioning and serving its purpose as a mechanism for Ireland to meet its international obligations. However, it was also found that there were fundamental gaps in the existing legislation. The Bill is, therefore, intended to modernise the existing system, filling such gaps and making the system more efficient and effective. Currently, ship registration functions are not carried out by staff in the Department of Transport, Tourism and Sport and, as a result, there will be new and ongoing IT, administration and staffing costs for the Department. This arises from the new centralised, electronic Irish Register of Ships. As the Minister mentioned, a cost will arise for ship owners for the registration of ships and the fee will be set by the Minister. However, ships already registered will be transferred to the new central system free of charge for five years.

I join Members in paying tribute to the Irish Coast Guard and those involved in life-saving such as the RNLI who have worked to try to prevent tragedies at sea. We have had far too many in recent years. I commend the Minister's efforts in providing for locator beacons and other safety measures at sea. He has taken a proactive role and I commend him for his work in the maritime sector and in the general area of transport.

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